Dharamshir Trading And Marketing Private Limited v. Motilal Manshi Shah(Dead) Through His L.Rs. Heirs 1a. Mrs. Hiraben Motilal Shah And ORS.

46-FA-767-2017-IA-3486-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3486 OF 2021 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2021.11.24 20:02:52 +0530 IN FIRST APPEAL NO. 767 OF 2017 SHRADDHA KAMLESH TALEKAR Dharamshri Trading and Marketing Pvt. Ltd.

...Applicant In the matter between :

Dharamshri Trading and Marketing Pvt. Ltd.

.. Appellant vs.

1. Motilal Manshi Shah (Since Deceased) 1A. Mrs. Hiraben Motilal Shah & Ors.

...Respondents

WITH CIVIL APPLICATION NO. 588 OF 2017 WITH INTERIM APPLICATION NO. 3486 OF 2021 IN FIRST APPEAL NO. 767 OF 2017 Ms. Rajni Mishra i/b Dinesh Tiwari and Associates for applicant in IA/3486 of 2021.

Mr. Shivam Bhagwati i/b Yatin Shah for respondent Nos. 1A to 1F. Ms. Nishtha Shah i/b Unisource Legal Associates for proposed respondent Nos. 3A to 3D.

CORAM :

N. J. JAMADAR, J.

DATE :

24th NOVEMBER, 2021 P.C.:

INTERIM APPLICATION NO. 3486 OF 2021 1.

Heard the learned counsel for the applicant.

2.

This application is taken out to bring the legal Shraddha Talekar, PS 1/2

46-FA-767-2017-IA-3486-2021.doc representatives of respondent No.3, who passed away on 3rd September 2021. The application is within the stipulated period of limitation. It is support by copy of the Death Certifcate and the affdavit of the appellant/applicant. There is no dispute about the proposed legal representatives of the respondent No.3 as well. 3.

Ms. Shah, the learned counsel submits that she has instructions to appear on behalf of respondent Nos.3A to 3D. 4.

Hence, the application stands allowed in terms of prayer clause (a).

5.

Necessary amendment be carried out forthwith. 6.

The application stands disposed of.

FIRST APPEAL NO. 767 OF 2017 7.

Issue notice to the newly impleaded respondent Nos.3A to 3D.

8.

The learned counsel waives notice on behalf of respondent Nos. 3A to 3D.

9.

The First Appeal be listed in 12th January 2022. (N. J. JAMADAR, J.) Shraddha Talekar, PS 2/2